Minutes for Miscellaneous Licensing Committee meeting, Jul 17 2009, 10.00AM official page

The Chairman welcomed everyone to the meeting and the Democratic Services Officer read out the Emergency Evacuation and Domestic Procedures.

The Chairman agreed under Section 100(b)(4)(b) of the Local Government Act 1972 and by virtue of the reasons set out in the preamble to the minute that a review of a Hackney Carriage/Private Hire Vehicle Driver’s Licence could be considered as a matter of urgency.

There were no apologies for absence received.

There were no declarations of interest received.

Members raised concerns that they were not able to determine whether they had an interest in any of the items as there was no personal information in the reports.  

It was moved by Lisa Dolley, seconded by Russell Bartlett and

RESOLVED that the minutes of the meeting held on 1^st July be approved as set out.

The Licensing Manager presented the report, explaining the town centre manager and the local police inspector have recommended refusal on the grounds that the proposed siting of the trading would lead to an obstruction of the highway which in turn could potentially endanger the safety of members of the public. 

Members asked questions of the Licensing Manager as the applicant was unable to attend.

Following a question, Members were informed that the consultation for the Cornwall Wide Street Trading Policy was due to be launched shortly.

Members felt it was not acceptable for pedestrians to step out into the road to avoid a street trading stall. 

It was moved by Steve Eva, seconded by Lisa Dolley and

RESOLVED that the application be refused on health and safety grounds.

An information report was previously circulated updating Members on the Taxi Consultation.  The Licensing Managers presented the report detailing the consultation process, informing Members that the trade consultation was complete, public consultation was still underway and due to finish at the end of August. 

Members asked questions of the Licensing Managers and asked to be kept informed and involved through each stage of the process.

Members raised particular concerns regarding lobbying and asked whether they need to declare an interest when the consultation was discussed.  Members were advised they do not need to declare an interest provided that any comments made to those lobbying were neutral in nature and such conversations did not lead members to predetermining issues.

Members asked questions of the Licensing Managers and asked to be kept informed and involved through each stage of the process.

The Chairman, on behalf of the Miscellaneous Licensing Committee, offered his congratulations for a well written, easy to read report.

The Committee is asked to consider a resolution that the press and public be excluded from the meeting for the business specified in the following item(s) on the grounds that there is likely to be a disclosure to the public of exempt information of the following descriptions:-

1.  Information relating to an individual

2.  Information which is likely to reveal the identity of an individual

3.  Information relating to the financial or business affairs of any particular person (including the authority holding that information)

4.  Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

5.  Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

6.  Information which reveals that the authority proposes –

(a)  to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)  to make an order or direction under any enactment.

7.  Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

There has been compliance with the public interest test provisions in the Access to Information Act, as amended, in producing this report.

It was moved by Lisa Dolley, seconded by Scott Mann and

RESOLVED that in accordance with the Local Government (Access to Information) (Variation) Order 2006, the press and public be excluded from the meeting during consideration of the following items of business as they would be likely to involve the disclosure of exempt information relating to an individual.

The Committee gave consideration to a report by the Licensing Manager (previously circulated) which sought to determine an application for the grant of a Private hire Driver’s Licence.

The Licensing Manager presented the report and informed Members of the information from the applicant’s CRB check.

In accordance with the Council’s draft procedure for Hearings, the applicant attended the meeting and spoke in support of his application.  Members asked questions of the applicant and the Licensing Manager.

Arising from consideration of the report and in accordance with the Council’s draft procedures for Hearings, it was moved by Scott Mann, seconded by Lisa Dolley and

RESOLVED that the application for grant of a Private Hire Driver’s Licence be refused, as the Committee felt the applicant was not fit and proper person. 

The Committee gave consideration to a report by the Licensing Manager (previously circulated) which sought a review of a Dual Hackney Carriage and Private Hire Driver’s Licence. 

The Licensing Manager presented the report and gave details of the circumstances leading to the review.

The driver attended the meeting and answered questions put to him by the Committee.

Arising from consideration of the report and in accordance with the Council’s draft procedures for Hearings, it was moved by George Edwards, seconded by Lisa Dolley and

RESOLVED that

  (i.)  the Dual Hackney Carriage/Private Hire Driver’s Licence be revoked with immediate effect as the Committee considered the applicant was not a fit and proper person and

  (ii.)  the operator of the firm who employed the driver be invited to the next Miscellaneous Licensing Committee to answer questions.

The Chairman had announced at the beginning of the meeting that an additional item had been received for consideration.

The Chairman agreed that under Section 100(B)(4)b of the Local Government Act 1972 (as amended) that the item could be considered as a matter of urgency due to the statutory time limits by which the application had to be determined.

The Committee gave consideration to a report by the Licensing Manager (previously circulated) which sought a review of a Dual Hackney Carriage and Private Hire Driver’s Licence. 

The Licensing Manager presented the report and gave details of the circumstances leading to the review.

The driver attended the meeting and spoke about the circumstances leading to the review and answered questions put to him by the Committee.

Arising from consideration of the report and in accordance with the Council’s draft procedures for Hearings, it was moved by Scott Mann, seconded by Russell Bartlett and

RESOLVED that

  (i.)  the Dual Hackney Carriage/Private Hire Driver’s Licence be reviewed in 6 months and

  (ii.)  delegated authority be granted to licensing officers to immediately revoke the licence if any further cautions or convictions are received.

There was no other business to be considered.

The Chairman reminded Members that he and the Vice Chairman would take the Committee’s parking concerns forward with Anita Searby, Democratic Services Manager and David Bunney, Facilities Manager.